Final rules on direct pay provisions in IRA released by federal government

Empowering clean energy Projects with Direct Pay Provisions

March 7, 2024


The U.S. Department of the Treasury and the Internal Revenue Service have unveiled final regulations on the direct pay provisions outlined in the Inflation Reduction Act (IRA). These tax credits are instrumental components of the Biden-Harris administration’s ambitious “Investing in America” initiative, aimed at accelerating the development of projects in a more efficient and cost-effective manner.

New Credit Delivery Mechanisms

The IRA has introduced two innovative credit delivery mechanisms – elective pay, also known as “direct pay,” and transferability. These mechanisms are designed to facilitate state, local, and Tribal governments; non-profit organizations; Puerto Rico and other U.S. territories; and various entities in leveraging clean energy tax credits.

Expanding Access to tax credits

Prior to the implementation of the Inflation Reduction Act, numerous governmental bodies, tax-exempt organizations, and businesses were unable to fully capitalize on tax credits that promote the deployment of clean energy. The new provisions have transformed the landscape, allowing a broader spectrum of entities to benefit from incentives promoting clean energy adoption.

Elective Pay and Transferability

The Inflation Reduction Act grants tax-exempt and governmental entities the ability to receive elective payments for 12 distinct clean energy tax credits, including prominent ones like the Investment and Production tax credits. Additionally, businesses now have the option to elect pay for credits related to Advanced Manufacturing, Carbon Oxide Sequestration, and Clean Hydrogen.

Impact and Benefits

These measures have opened up new opportunities for local governments, nonprofits, and other non-taxable entities to claim clean energy tax credits for the first time. The regulations provide clarity and guidance for organizations to maximize the advantages of clean energy investments, fostering growth and sustainability across the nation.

Transfer of Credits

The Inflation Reduction Act also enables businesses to transfer clean energy credits to third parties in exchange for immediate funds, ensuring that tax incentives are utilized effectively even in cases where businesses lack the necessary tax liability. This provision enhances project financing, promotes community development, and maximizes the economic and environmental benefits of clean energy initiatives.

Proposed Rulemaking

Additionally, a Notice of Proposed Rulemaking (NPRM) has been issued to provide further clarity and flexibility for applicable entities engaging in joint clean energy projects. The proposed regulations aim to streamline processes and enhance accessibility for entities co-owning renewable energy projects.


The Inflation Reduction Act has revolutionized the landscape of clean energy investments, fostering a more inclusive and sustainable approach to energy development. These initiatives not only drive economic growth but also contribute significantly to environmental conservation and community well-being, aligning with President Biden’s vision for a cleaner and greener future.


American Council on Renewable Energy (ACORE)

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Read More of this Story at – 2024-03-07 18:36:59

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